No. 32

 

                                                     VOTES AND PROCEEDINGS

 

                                                                      OF THE

 

                                                         HOUSE OF ASSEMBLY

 

                                                                                                                                  ____________

 

 

                                                                     WEDNESDAY 30 NOVEMBER 1994

 

 

 1         Meeting of House

                  The House met pursuant to adjournment.  The Speaker (Hon. G.M. Gunn) took the Chair and read prayers.

 

2         Petitions Nos 103 to 106

                  The Clerk announced that the following Members had lodged Petitions for presentation:

 

                  103 Mr Caudell, from 579 residents of South Australia, requesting that the House urge the Government to introduce and support a universal education and awareness programme which will lead to more responsible pet ownership.

 

                  104 to 106 Mr Caudell, Mr Cummins and Mr Wade, from 405 residents of South Australia, requesting that the House urge the Government  not to cut the Education and Children's Services budget.

 

3         Paper

                  The following Paper was tabled:

 

                  By the Treasurer (Hon. S.J. Baker) -

                              Enterprise Investments Limited - Financial Statements, 1993-94.

 

4         Legislative Review Committee - Reports - Fourteenth; Courts Administration (Directions by the            Governor) Amendment Bill; and Minutes of Evidence

                  Mr Cummins brought up the Fourteenth Report, 1994 (Second Session) of the Committee.

                  Report received.

 

                  Mr Cummins brought up the Report of the Committee on the Courts Administration (Directions by          the Governor) Amendment Bill

                  Report received. (Paper No. 187).

 

                  Mr Cummins brought up the Minutes of Evidence given before the Committee on the Courts Administration (Directions by the Governor) Amendment Bill.

                  Minutes received.

 

5         Public Works Committee - Reports - Port Road Hindmarsh Bridge Replacement; City West Campus       Project, University of South Australia

                  Mr Ashenden brought up the Report of the Committee on the Port Road Hindmarsh Bridge       Replacement.

                  Report received.

                  Ordered to be printed (Paper No. 185).


                  Mr Ashenden brought up the Report of the Committee on the City West Campus Project, University         of  South Australia.

                  Report received.

                  Ordered to be printed (Paper No. 186).

 

6         Questions

                  Questions without notice were asked.

                 

7          Privilege - Matter raised

                  The Deputy Premier (Hon S.J. Baker) raised as a matter of privilege, the possible release of information relating to proceedings in the Conference on the Correctional Services (Private Management Agreements) Amendment Bill.

                  The Speaker advised he would investigate the matter and report to the House.

 

8         Grievance debate

                  The Speaker proposed - That the House note grievances.

                  Debate ensued.

                  Question put and passed.

 

9         State Government Insurance Commission (Preparation for Restructuring) Amendment Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the State Government Insurance Commission Act 1992.

                  Question put and passed.

 

                  Bill presented and read a first time.

                  The Minister moved - That this Bill be now read a second time.

                  Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

10       Lottery and Gaming (Miscellaneous) Amendment Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Lottery and Gaming Act 1936.

                  Question put and passed.

 

                  Bill presented and read a first time.

                  The Minister moved - That this Bill be now read a second time.

                  Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

11        Government Financing Authority (Authority and Advisory Board) Amendment Bill

                  The Treasurer, pursuant to notice, moved - That he have leave to introduce a Bill for an Act to amend the Government Financing Authority Act 1982.

                  Question put and passed.

 

                  Bill presented and read a first time.

                  The Minister moved - That this Bill be now read a second time.

                  Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.

 

12       Phylloxera and Grape Industry Bill

                  The Minister for Housing, Urban Development and Local Government Relations (Hon. J.K.G. Oswald), pursuant to notice, moved - That he have leave to introduce a Bill for an Act to provide for the protection of vineyards from disease and to foster the development of the grape industry in South Australia.

                  Question put and passed.

 

                  Bill presented and read a first time.

                  The Minister moved - That this Bill be now read a second time.

                  Ordered, on motion of Mr Clarke, that the debate be adjourned until tomorrow.


13       Native Title (South Australia) Bill

                  Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

                                                                                                   

                                                                                      In Committee

                  Resolved - That amendments Nos 1 to 7 be agreed to.

                  Resolved - That amendment No. 8 be disagreed to.

                  Resolved - That amendments Nos 9 to 11 be agreed to.

                  Resolved - That amendment No. 12 be disagreed to.

                  Resolved - That amendment No. 13 be agreed to.

                  Resolved - That amendment No. 14 be disagreed to.

                  Resolved - That amendments Nos 15 to 23 be agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to amendments Nos 1 to 7, 9 to 11, 13 and 15 to 23 without amendment and disagreed to amendments Nos 8, 12 and 14.

                 

14       Land Acquisition (Native Title) Amendment Bill

                  Order of the Day read for the consideration of the amendments of the Legislative Council in this Bill.

                                                                                                   

                                                                                      In Committee

                  Resolved - That amendment Nos 1 to 9 be agreed to.

                  Resolved - That amendments Nos 10 and 11 be disagreed to.

                  Resolved - That amendments Nos 12 to 18 be agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the amendments referred to it and had agreed to amendments Nos 1 to 9, and 12 to 18 without amendment and disagreed to amendments Nos 10 and 11.

 

15       Dog and Cat Management Bill

                  Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

                  Debate resumed.

                  Question put and passed.

                 

                  Bill read a second time.

                 


 

                                                                                      In Committee

                                                                                                Clauses Nos 1 to 31 agreed to.

                                                                                                Clause No. 32 left out.

                                                                                                Clause No. 33 read.                                            

 

16       Extension of time for adjournment

                  The Deputy Premier moved - That the time for moving the adjournment of the House be extended beyond 10.00 p.m.

                  Question put and passed.

 

17        Dog and Cat Management Bill

                  Consideration in Committee (interrupted by the foregoing motion) resumed.

 

                                                                                      In Committee

                                                                                                Clause No. 33 further considered.

                  To report progress and ask leave to sit again.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon. H. Allison reported that the Committee had considered the Bill referred to it, had made progress therein and asked leave to sit again.

                  Ordered - That the Committee have leave to sit again on motion.

 

18       Messages from the Legislative Council

                  The following Messages from the Legislative Council were received and read:

 

            Electricity Corporations Bill                                                                                                                                    Message No. 62

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to provide for the supply of electrical energy; to establish a corporation or corporations for that purpose; to repeal certain Acts; and for other purposes, with the amendments indicated by the annexed Schedule, to which the Legislative Council desires the concurrence of the House of Assembly.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

 

                                                                    Schedule of the amendments made by the Legislative Council

                  No. 1             Page 2 (clause 5) - After line 11 insert new paragraph as follows:-

                                          “(ba)           carrying out research to develop greater use of renewable energy sources;”.

                  No. 2            Page 3, line 8 (clause 7) - Before “advising” insert “carrying out research and works directed towards energy conservation and actively encouraging,”.

                  No. 3            Page 5, lines 14 and 15 (clause 14) - Leave out subclause (2) and insert new subclause as follows:-

                                          “(2)   The board consists of -

                                                                  (a)     four members appointed by the Governor; and

                                                                  (b)     the chief executive officer.”

                  No. 4            Page 5 (clause 14) - After line 18 insert new subclause as follows:-

                                          “(3a)  At least one member of the board must be a woman and one a man.”

                  No. 5            Page 5, line 19 (clause 14) - After “director” insert “(who must not be the chief executive officer)”.

                  No. 6            Page 5, line 20 (clause 14) - After “director” (first occurring) insert “(who must not be the chief executive officer)”.

                  No. 7             Page 5, line 23 (clause 14) - Leave out “a director” and insert “an appointed director”.

                  No. 8            Page 5, line 29 (clause 15) - Leave out “a director” and insert “an appointed director”.

                  No. 9            Page 5, line 30 (clause 15) - Leave out “a director” and insert “an appointed director”.

                  No. 10         Page 5, line 32 (clause 15) - Leave out “a director” and insert “an appointed director”.


                  No. 11          Page 6, line 9 (clause 17) - Leave out “A director” and insert “An appointed director”.

                  No. 12         Page 6, lines 12 and 13 (clause 18) - Leave out “one-half the total number of its members (ignoring any fraction resulting from the division) plus one” and insert “three members”.

                  No. 13         Page 6, line 20 (clause 18) - After “director” and insert “(who must not the chief executive officer)”.

                  No. 14         Page 9, lines 20 and 21 (clause 28) - Leave out subclause (2) and insert new subclause as follows:-

                                          “(2)   The board consists of -

                                                                  (a)     four members appointed by the Governor; and

                                                                  (b)     the chief executive officer.”

                  No. 15         Page 9 (clause 28) - After line 24 insert new subclause as follows:-

                                          “(3a)  At least one member of the board must be a woman and one a man.”

                  No. 16         Page 9, line 25 (clause 28) - After “director” insert “(who must not be the chief executive officer)”.

                  No. 17          Page 9, line 26 (clause 28) - After “director” (first occurring) insert “(who must not be the chief executive officer)”.

                  No. 18         Page 9, line 29 (clause 28) - Leave out “a director” and insert “an appointed director”.

                  No. 19         Page 9, line 35 (clause 29) - Leave out “a director” and insert “an appointed director”.

                  No. 20        Page 9, line 36 (clause 29) - Leave out “a director” and insert “an appointed director”.

                  No. 21         Page 10, line 1 (clause 29) - Leave out “a director” and insert “an appointed director”.

                  No. 22        Page 10, line 13 (clause 31) - Leave out “A director” and insert “An appointed director”.

                  No. 23        Page 10, lines 16 and 17 (clause 32) - Leave out “one-half the total number of its members (ignoring any fraction resulting from the division) plus one” and insert “three members”.

                  No. 24        Page 10, line 24 (clause 32) - After “director” insert “(who must not be the chief executive officer)”.

                  No. 25        Page 13, lines 20 and 21 (clause 42) - Leave out subclause (2) and insert new subclause as follows:-

                                          “(2)   The Board consists of -

                                                                  (a)     four members appointed by the Governor; and

                                                                  (b)     the chief executive officer.”

                  No. 26        Page 13 (clause 42) - After line 24 insert new subclause as follows:-

                                          “(3a)  At least one member of the board must be a woman and one a man.”

                  No. 27         Page 13, line 25 (clause 42) - After “director” insert “(who must not be the chief executive officer)”.

                  No. 28        Page 13, line 26 (clause 42) - After “director” (first occurring) insert “(who must not be the chief executive officer)”.

                  No. 29        Page 13, line 29 (clause 42) - Leave out “a director” and insert “an appointed director”.

                  No. 30        Page 13, line 35 (clause 43) - Leave out “a director” and insert “an appointed director”.

                  No. 31         Page 13, line 36 (clause 43) - Leave out “a director” and insert “an appointed director”.

                  No. 32        Page 14, line 1 (clause 43) - Leave out “a director” and insert “an appointed director”.

                  No. 33        Page 14, line 13 (clause 45) - Leave out “A director” and insert “An appointed director”.

                  No. 34        Page 14, lines 16 and 17 (clause 46) - Leave out “one-half the total number of its members (ignoring any fraction resulting from the division) plus one” and insert “three members”.

                  No. 35        Page 14, line 24 (clause 46) - After “director” insert “(who must not be the chief executive officer)”.

                                                                                                                                                J.M. Davis, CLERK OF THE LEGISLATIVE COUNCIL

 

                  Ordered - That the amendments be taken into consideration on motion.

 

            Shop Trading Hours (Meat) Amendment                                                                                                   Message No. 63                                                      

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to                    amend the Shop Trading Hours Act 1977, without any amendment.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

                 


            Native Title (South Australia) Bill                                                                                                                    Message No. 64

                  MR SPEAKER -  The Legislative Council insists on Amendments Nos 8, 12 and 14 in the Native Title (South Australia) Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the disagreement to the amendments be insisted on.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement.

 

            Land Acquisition (Native Title) Amendment Bill                                                                                                 Message No. 65

                  MR SPEAKER - The Legislative Council insists on Amendments Nos 10 and 11 in the Land Acquisition (Native Title) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

 

                  Ordered - That the Message be taken into consideration forthwith.

 

                                                                                      In Committee

                  Resolved - That the disagreement to the amendments be insisted on.

                             

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison reported that the Committee had considered the Message referred to it and had resolved to insist on its disagreement.

 

            Conference

                  The Deputy Premier moved - That a Message be sent to the Legislative Council requesting a Conference be granted to this House respecting certain amendments from the Legislative Council in the Native Title (South Australia) and Land Acquisition (Native Title) Bills, and that the Legislative Council be informed that in the event of a Conference being agreed to, this House will be represented at such Conference by five managers; and that Messrs Caudell and Clarke, Mrs Rosenberg, Ms White and the mover be Managers of the Conference on the part of the House of Assembly.

 

            Wheat Marketing (Barley and Oats) Amendment                                                                                                Message No. 66

                  MR SPEAKER - The Legislative Council has agreed to the Bill returned herewith, titled an Act to amend the Wheat Marketing Act 1989, without any amendment.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

 

19       Dog and Cat Management Bill

                  Ordered - That the consideration in Committee of this Bill be resumed.

 

                                                                                      In Committee

                                                                                                Clause No. 33 further considered and agreed to.

                                                                                                Clauses Nos 34 to 67 agreed to.

                                                                                                Clause No. 68 amended and agreed to.

                                                                                                New clause No. 68A inserted.

                                                                                                New clause No. 68B inserted.

                                                                                                New clause No. 68C inserted.

                                                                                                Clauses Nos 69 to 71 agreed to.

                                                                                                Clause No. 72 amended and agreed to.

                                                                                                Clause No. 73 agreed to.

                                                                                                Clause No. 74 amended and agreed to.

                                                                                                Clauses Nos 75 to 80 agreed to.

                                                                                                New clause No. 80A inserted.

                                                                                                Clause Nos 81 to 87 agreed to.

                                                                                                Schedules 1 and 2 agreed to.

                                                                                                Title agreed to.

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison reported that the Committee had considered the Bill referred to it and had agreed to the same with amendments.

 

                  Bill read a third time and passed.

 

20       Electricity Corporations Bill

                  Ordered - That the consideration of the amendments of the Legislative Council in this Bill be resumed.

 

                                                                                      In Committee

                  Resolved - That the amendments be agreed to.

 

                                                                                                                                  ____________

 

                  The House having resumed:

                  Hon H. Allison reported that the Committee had considered the amendments referred to it and had agreed to the same without amendment.

 

21       Consent to Medical Treatment and Palliative Care Bill

                  Order of the Day read for the adjourned debate on the question - That this Bill be now read a second time.

                  Debate resumed.

                  Ordered, on motion of Ms Stevens, by leave, that the debate be further adjourned and resumed on motion.

                 

22       Messages from the Legislative Council

                  The following Messages from the Legislative Council were received and read:

 

            State Lotteries (Scratch Tickets) Amendment Bill                                                                   Message No. 67

                  MR SPEAKER - The Legislative Council insists on its Amendments Nos 2 to 5 in the State Lotteries (Scratch Tickets) Amendment Bill to which the House of Assembly has disagreed. The Bill is returned herewith.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

 

                  Ordered - That the Message be taken into consideration on motion.

 


            Native Title (South Australia) Bill and Land Acquisition (Native Title) Message No. 68

                    Amendment Bill                                              

                  MR SPEAKER - The Legislative Council has, in reply to Message No. 70 from the House of Assembly, agreed to grant a Conference on the Native Title (South Australia) Bill and the Land Acquisition (Native Title) Amendment Bill, as requested by the House of Assembly. The Legislative Council has named the hour of 10.15 a.m. on Thursday, 1 December 1994 to receive the Managers on behalf of the House of Assembly, at the Conference Room on the first floor of the Legislative Council.

                  Legislative Council, 30 November 1994                                                                                               H.P.K. Dunn, PRESIDENT

 

                  Ordered - That a Message be sent to the Legislative Council agreeing to the time and place appointed by the Council.

 

23       Consent to Medical Treatment and Palliative Care Bill

                  Ordered - That the adjourned debate on the question - That this Bill be now read a second time - be now resumed.

                  Debate resumed.

                  Ordered, on motion of Mrs Kotz, that the debate be further adjourned until tomorrow.

 

24       Adjournment

                  House adjourned at 10.54 p.m. until tomorrow at 10.30 a.m.

 

                                                                                                                                  ____________

 

 

                                                              MOTIONS OF WHICH NOTICE WAS GIVEN

 

 

For Thursday 1 December 1994 

            Notice of Motion:  Government Business-

                 

The Minister for Industrial  Affairs to move - That he have leave to introduce a Bill for an Act to amend the Workers Rehabilitation and Compensation Act 1986.                                                                                                                                     

 

            Notices of Motion: Private Members Bills/Committees/Regulations-

 

Mr Cummins to move - That the Report of the Legislative Review Committee on the Courts Administration (Directions by the Governor) Amendment Bill be noted.

 

Mr Ashenden to move - That the Report of the Public Works Committee on the Port Road Hindmarsh Bridge Replacement  be noted.

 

Mr Ashenden to move - That the Report of the Public Works Committee on the City West Campus Project, University of South Australia be noted.

                                                                                                                                  ____________

 

                  Present during the day - All  Members except Hon. D.S. Baker.

 

 

 

 

                                                                                                                                                                                                                                                G.M. Gunn

                                                                                                                                                                SPEAKER

 

G.D. Mitchell

CLERK OF THE HOUSE OF ASSEMBLY